Know the Rights of Tenants and Landlords
Landlords and tenants are both governed by specific rules and regulations in the state of Illinois that cover the complex issues that may come up between a renter and their property owner. Understanding the laws that outline these rights is essential to both parties. Such rights include the requirement for that landlords begin the eviction process in court, giving tenants the opportunity to make defenses against the eviction. These rights also protect the ability of the tenant to have heat, running water and other basic safe comforts. When disputes arise, you could be at a considerable disadvantage if you know and understand your rights less than the other party involved . You may be financially or legally liable for items as a result of a lease agreement that you would not have otherwise been required to pay for. Landlord-tenant disputes are common when it comes to the maintenance of the property, which is a primary responsibility of the landlord, but are also frequently related to issues that the tenant feels may be violations of their rights, such as unauthorized access to their unit. Common legal disputes may include: Whether you are a landlord or a tenant, nice-to-know legal assistance comes from knowing your rights before you enter into a lease or as a renter occupying a property.
Where to Seek Free Legal Advice
A good place to start for free legal advice concerning landlord-tenant issues is with these government agencies:
a. City Housing and Urban Development Fair Housing Office (HUD) — HUD provides education and outreach programs that provide information to landlords and tenants about their fair housing rights.
b. State Public Housing or Welfare Agency — Many state public housing agencies provide educational material to help landlords and tenants understand their role and the responsibilities that come with it.
c. State Attorney General’s Office — Most state attorney general’s offices have a consumer protection division that will give educational material, guidance and explanation of state landlord-tenant laws.
d. Federal Housing Administration (HUD) and the U.S. Department of Housing and Urban Development (HUD). While these agencies do not provide legal advice concerning issues between a landlord and tenant they provide educational material on its website and other material for organizations at no cost. These sites contain a lot of good background education material. For example, HUD has a online training for landlords and tenants concerning the Fair Housing Act.
For more information on how you can find free legal advice please visit www.legalva.childrenslaw.org/ pro-bono-resources to review these sites.
Resources for Landlord-Tenant Law and Guidance
Many legal rights for tenants and landlords are contained in State Statutes (laws) or State Court rules. The County District Courts (and Municipal Courts for smaller municipalities) also have local Rules of Court that govern landlord-tenant disputes. Much of this information, including the local Rules and frequently asked questions, is available to Ms. or Mr. Internet through the local County District Court website or originating municipalities’ websites. Some Courts have developed online forms to assist any tenant and landlord in preparing their court documents for use in the District Courts. Some Courts, such as the Franklin County Municipal Court, have incorporated e-filing of the documents to be electronically filed with the Court.
The Ohio Civil Rights Commission, a State Agency, also has created a number of publications on Tenant-Landlord law and fair housing for use of the public that are available in printed format or as downloadable copies in Ms. or Mr. Internet compatible format to help you understand the laws governing and protecting landlords and tenants. They have a useful pamphlet entitled "Tenant Rights" that is available from the Commission’s website. The Ohio Attorney General’s website also has a pamphlet brochure on "Tenant Rights and Responsibilities" that deals with Ohio’s landlord-tenant law.
In addition to the resources and publications offered by governmental sites, there are now many other non-governmental sites that offer free sources of information on tenant-landlord law in your area. There are many landlord associations, local community development organizations and other non-profit groups that may have developed helpful brochures, booklets, pamphlets and other written materials on landlord-tenant law specific to your jurisdiction. Some of the larger national non-profit organizations are the National Housing Law Project, the National Low-Income Housing Coalition, and the National Fair Housing Alliance. Local legal aid services, both state and national, can also be found online, offering pamphlets, brochures, self-help materials, and even access to attorneys offering free legal advice.
Pro Bono Clinics and Legal Advice
Pro Bono legal clinics are hosted by organizations that share a belief that all get access to justice and commit to assisting persons who are in need. In this sense, the pro bono activity may be performed for public benefit. Pro bono legal clinics may be held by law firms, by employees of companies, or by volunteer lawyers who may or may not work together in the same firm or company. Lawyers and law students often volunteer their time to assist participants of pro bono legal clinics. Pro bono legal clinics are held at various community centers, libraries, schools, and churches or synagogues.
Typically, the participant will speak with a lawyer alone or with another person accompanying the participant present in a confidential setting . The clinic will attempt to answer legal questions posed by the participant, offer tips as to how to handle a given situation, provide legal information, and determine whether the participant needs or is eligible for further legal assistance. Pro bono legal clinics do not represent a person in any case or controversy and do not provide legal advice. A participant may be asked if he or she expects to sue or is being sued in the near future to determine whether legal advice can be given. Pro bono legal clinics offer forms and often refer participants to other local organizations that may provide assistance.
Preparing for Your Legal Session
For a fruitful legal consultation, it’s important to go in prepared to provide the right information. Landlords should present their issues in a detailed, yet straightforward manner. You may find it helpful to have an outline of what questions you want to ask, and why you are seeking counsel. If you have specific issues or goals that you want an attorney to address or help you obtain, make sure that those are provided at the outset.
Most landlords and tenants will deal with at least one lawyer during a typical landlord-tenant dispute and consultation. Bring any relevant legal documents, such as the lease agreement; eviction documents; any relevant photographs; or notes containing details of your case. If you don’t have any of these items, be as detailed and forthcoming during your consultation. Tenants and landlords should also think about other ways to resolve the problem first, such as mediation. You can ask if a mediator is a more cost-effective option than engaging an attorney, and result in a similar outcome. Above all, be honest about the situation.
Make a list of questions or topics you hope to discuss, and provide this to the legal advisor. You may want to ask them how long they have been practicing, whether they have represented landlords or tenants before, and how much experience they have in this area of law. If they have specific experience, you can ask to see examples of similar cases in which they have helped a tenant or landlord. Doing some research about general landlord-tenant laws beforehand is a good way to empower yourself about the legal process.
Common Legal Problems – And How to Fix Them
It’s natural for landlords and tenants to request our free legal advice in various situations. We often discuss situations that involve unlawful detainers, eviction notices, lease agreements, maintenance, and disturbing the peace. Some of these issues don’t require litigation, while other situations seemingly do.
The unlawful detainer is a legal action by which a landlord seeks forcible entry and detainer. This means that a landlord wants physical possession of the property due to a breach of the rental agreement – most commonly, non-payment of rent. "Forcible" entry and detainer implies that the tenant has no valid right to occupy the premises, and will have to be forcibly removed.
Occupants often wonder how soon they can be forcibly removed from their residence. Once an unlawful detainer has been filed, a landlord is well within their rights to remove the tenant by force. However, landlords rarely wish to be challenged. Therefore, most tenants choose to move out voluntarily.
Some of the other most common legal issues revolve around the residential lease agreement. These days, many landlords are using some version of a predrafted lease agreement available for free online. In some ways, this is a good idea. These predrafted lease agreements can be modified, and they usually cover most, if not all, of the potential issues that could arise during a leasing relationship.
But tenants should be aware that a lease agreement can be unfavorably modified. For example, many online lease agreements require tenants to pay for housing repairs despite this not being a legal requirement. Even if it’s not in the agreement, landlords and tenants can mutually agree to repair costs, and in some cases , a judge may determine that the cost is appropriately shifted. But many tenants may not realize that they aren’t legally required to pay for repairs.
Another common issue is the lack of modifications to help tenants through personal difficulties. Sometimes tenants have financial difficulties, and they may wish to negotiate the rent. Even more, tenants have special requests due to their disabilities. The Fair Housing Act offers protection to people with disabilities, and requires reasonable accommodations to be made in many situations. For most people, a reasonable accommodation means that the landlord will modify some aspect to help a tenant with their disability. Sometimes people are charged a pet deposit that is too high – meaning that the landlord isn’t permitting a reasonable accommodation for a support animal.
In some cases, the landlord and tenant may wish to add or remove a roommate. In these cases, it’s important that everyone involved is willing to accept the new person. Predrafted lease agreements that don’t include space for additional tenants can be a problem, if a new tenant wishes to occupy the property.
Another common issue that we get we receive requests for free legal advice on are maintenance issues. Maintenance disputes occur when a landlord refuses to make repairs. In some cases, it’s an emergency like a broken air conditioner in the middle of summer, and sometimes it’s a general repair issue. Sometimes the landlord refuses to make the repair, and sometimes the landlord replaces an object with a lower quality object. For example, the lease may specify that the dishwasher be replaced, but the landlord replaces it with an older, used model.
In some situations, this can be difficult to challenge. Other times, it can be easy. We can evaluate these failures to maintain the rental property on a case-by-case basis, and then advise whether a lawsuit will be successful.